AC 1.1-describe processes used for law making

Question 1

What are the two main sources of the law?

Answer 1

The government and Parliament

Question 2

What is Parliament? (one word answer)

Answer 2

Democracy

Question 3

What is the role of Parliament?

Answer 3

To represent the people

Question 4

What are laws made by Parliament called?

Answer 4

Statutes or legislation

Question 5

Parliament is made up of three parts, what are they?

Answer 5

1) The monarch (Queen/King)
2) The House of Lords
3) The House of Commons

Question 6

What is the role of the monarch?

Answer 6

The Queen/King giving the Royal Assent

Question 7

What is the Royal Assent?

Answer 7

The agreement from a Queen/King to pass a new law

Question 8

What is the role of the House of Lords?

Answer 8

To debate legislation and challenge the work of the government

Question 9

How many peers are there in the House of Lords?

Answer 9

800

Question 10

How many peers in the House of Lords are noblemen through hereditary means? (past and present)

Answer 10

Past: all peers were noblemen, position passed from father to eldest son
Present: 92 hereditary positions, rest are life peers unable to pass on their position (26 are also Church of England bishops and archbishops)

Question 11

What is the role of the House of Commons?

Answer 11

To deliver the governments legislative programme

Question 12

What is the House of Commons made up of?

Answer 12

650 elected representatives of the public (MP’s)

Question 13

What is the role of the government?

Answer 13

To run the country

Question 14

Who is the prime minister?

Answer 14

The leader of the majority party

Question 15

What is a Bill?

Answer 15

A proposal for a new law

Question 16

What must Bills go through before becoming Acts of Parliament (laws)?

Answer 16

Bills must be agreed by both Houses of Parliament and receive the Royal Assent

Question 17

The government publishes a Green Paper before putting a Bill before Parliament. What is the Green Paper?

Answer 17

An initial report to provoke public discussion of the matter at hand eg. questions for interested individuals/organisations to respond to

Question 18

The government publishes the White Paper after the Green Paper. What is the White Paper?

Answer 18

Document containing detailed plans for legislation (includes draft of Bill intended to put before Parliament)

Question 19

How many parliamentary stages of a Bill are there?

Answer 19

7

Question 20

In what order are the stages of a Bill in?

Answer 20

The First reading
The Second reading
The Committee stage
The Report stage
The Third Reading
The Lords
The Royal Assent

Question 21

What is the First Reading stage of a Bill?

Answer 21

The government introduces the Bill formally and receives the first hearing
It is followed by a vote allowing it to move onto the next stage

Question 22

What is the Second Reading stage of a Bill?

Answer 22

The main principles are considered and debated by the House of Commons, a vote is then taken
The Bill moves on if the majority of MP’s support it

Question 23

What is the Committee stage of a Bill?

Answer 23

The Bill is examined in detail by a small number of MP’s from different parties
The committee reports back to the whole House and proposes amendments

Question 24

What is the Report stage of a Bill?

Answer 24

Committees report considered and debates made to vote on any amendments
Debates may take several days depending on the importance of the Bill

Question 25

What is the Third Reading stage of a Bill?

Answer 25

The final chance for the House of Commons to debate the contents of the Bill No amendments allowed House either passes or rejects the Bill

Question 26

What is the Lords stage of a Bill?

Answer 26

Same process as the House of Commons If the Bill is amended, it returns to the Commons to decide whether the change is accepted The House of Commons has the final say as its made up of peoples elected representatives

Question 27

What is the Royal Assent stage of a Bill?

Answer 27

The monarch signs off the Bill and the new law will come into force immediately

Question 28

What is a commencement order?

Answer 28

A Bill which is only applied at a later date

Question 29

What is the Dangerous Dogs Act (1991)? (just an example to use in the exam)

Answer 29

Allowing a dog of any type to be dangerously out of control in a public place is prohibited (hence why certain breeds were banned eg. pit bull terrier)

Question 30

What is the Crime (Sentences) Act (1997)? (just an example to use in the exam)

Answer 30

Mandatory minimum sentences for varying repeat offences eg. automatic life sentence for a second serious sexual/violent offence

Question 31

What are the two ways a judge can make the law?

Answer 31

1) Judicial precedent 2) Statutory interpretation

Question 32

What is judicial precedent?

Answer 32

A source of law making where past decisions of the judge create laws for future judges to follow

Question 33

What principle is the judicial precedent based upon?

Answer 33

Based upon the principle of standing by or following what judges have decided in previous cases (stare decisis)

Question 34

If we treat similar cases the same, what does that result in? (judicial precedent)

Answer 34

It creates certainty, consistency and fairness in the legal system

Question 35

What is the court hierarchy? (judicial precedent)

Answer 35

A legal system where the Supreme court is at the top and the magistrates court is at the bottom

Question 36

If a decision is taken in a case made by the higher court, what does that mean for all the lower courts? (judicial precedent)

Answer 36

An original/ binding precedent is created, meaning the lower courts have to follow the decision of the higher court when dealing with similar cases

Question 37

What are the two instances where a court doesn't have to follow precedent?

Answer 37

1) Distinguishing 2) Overruling

Question 38

What is distinguishing as an exception to precedents?

Answer 38

A precedent from an earlier case is only binding if the principle and facts are the same/similar in both cases (meaning a different decision can be made if the facts are different enough)

Question 39

What is overruling as an exception to precedents?

Answer 39

Where a higher up court states that a legal decision in an earlier case is wrong and overturns it

Question 40

Give an example of overruling as an exception to precedents

Answer 40

The law on martial rape

Question 41

What is an example of the law on martial rape? (judicial precedents)

Answer 41

RvsR, husband appealed that he can't be guilty of rape due to a centuries old precedent that says a husband can't be guilty of raping his wife as the marriage contract gave the wife's 'irrevocable consent' to sex Appeal overruled as irrevocable consent is unacceptable today as partners are equal

Question 42

What is statutory interpretation?

Answer 42

A written law where judges interpret the meaning of a statute and apply them to the case they're judging

Question 43

What are the three main statutory interpretations judges have?

Answer 43

1) The literal rule 2) The golden rule 3) The mischief rule

Question 44

What is the literal rule for statutory interpretations?

Answer 44

Judges use everyday ordinary meaning of the words in statute

Question 45

What is a problem with the literal rule in statutory interpretations?

Answer 45

A word can have multiple literal meanings eg. RvsMaginnis (1987): a case involving illegal drugs where varying judges had differing meanings of the word 'supply'

Question 46

What is the golden rule for statutory interpretations?

Answer 46

Where the court is allowed to modify the literal meaning to avoid absurd results from the literal rule

Question 47

Give an example of when the golden rule was used for statutory interpretations

Answer 47

Adler vs George (1920): Adler argued he didn't break the law as he was not literally in the vicinity of a prohibited place, but was actually in it Court applied golden rule to avoid absurd result and Adler was convicted

Question 48

What is the mischief rule for statutory interpretations?

Answer 48

Allows the court to enforce what the statue was intended to achieve, rather than what the words actually say

Question 49

Give an example of when the mischief rule was used for statutory interpretations

Answer 49

Licensing Act (1872): offence to be in charge of a 'carriage' whilst drunk on a highway Corkery vs Carpenter (1951): Corkery found guilty even though he had been in charge of a bicycle not a carriage as the Acts purpose was to prevent anyone from using any form of transport drunk on a highway